HomeMy WebLinkAboutResolution 6576 oZ9 44/ Leo fes- .ed
-37 t0
Doc No A10326738
Certified, filed and/or recorded on
Jun 20, 2016 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1407822M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
t 9'FESHO6576
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. #15-3796
WHEREAS, Michele Williams-Abbott Trust(hereinafter the"Owner"), is the owner
of the property addressed 2941 Casco Point Road and legally described as: Lot 92 and the
southerly 30 feet of Lot 93, Spring Park, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, on November 17, 2015, John Abbott and Michele Williams-Abbott,
trustees of the Michelle Williams-Abbott Trust,(hereinafter the Applicants")on behalf of the Owner
applied for a variance from Orono Municipal Zoning Code Section 78-1279(6) to allow
construction of a second story over the existing home; modifications to the roof to accommodate
the second story addition; and a lakeside covered porch lakeward of the average lakeshore
setback line; and
WHEREAS,on December 14,2015,after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time
all persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on December 14, 2015, the City Council reviewed the application and
the recommendations of City staff and directed preparation of findings for approval of the
variance.
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #15-3796. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
2. The Property is located in the LR-1 C, One Family Lakeshore Residential Zoning District.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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3. The Property contains 27,600 square feet in area and has a defined lot width of 92-feet at
the ordinary high water level and 106-feet at the 75-foot setback.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District. The Property contains 22% hardcover.
5. Applicants have applied for the following variance:
a. Variance from Orono Zoning Code Section 78-1279(6) to allow construction of a
second story, roof modifications and an open porch between 38-feet and 91-feet
lakeward of the average Lakeshore setback line.
6. In considering this application for variance, the Council has considered the effect of the
proposed variance upon the health, safety, and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the
effect on values of property in the surrounding area.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance..." The purpose for the ordinance is to protect views of the
lake enjoyed by adjacent property owners. The proposed additions and modifications to
the home will not adversely impact existing views of the lake from neighboring properties.
2. "Variances shall only be permitted when the variances are consistent with the
comprehensive plan." Construction of a second story addition over portions of the
residential home is in harmony with the intent of the use of the residential property as
indicated in the Comprehensive Plan.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
Application of the average lakeshore setback rule results in over half of the home
being non-conforming. The second story addition over the existing home footprint
is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6576
ICESHO�
The average lakeshore setback line over the home on the Property resulting from
the setback offset between the neighboring homes was not created by the Owner.
c. The variance, if granted, will not alter the essential character of the locality."
Lake views currently enjoyed by the neighboring properties will not change as a
result of this project.
4. "Economic considerations alone do not constitute practical difficulties." The variance is
requested due to the location of the existing home and setback, rather than economic
considerations.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This criterion is not applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." The residential use is compatible with the LR-1 C zoning district. This criterion is
not applicable.
7. "The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling."This criterion is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The unique shape and orientation of the
Property as well as the abutting properties results in an awkward setback offset not
common in lakeshore properties.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The orientation of the Property in relation to the adjacent properties is
unique to the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting of the average lakeshore setback
variance is necessary in order to construct the 2nd story addition preserving a property
right of the Owner.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." The variance to
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
N O.
0576
lAkE S H O��
construct the additions to the home will not impact health, safety, comfort, or morals or be
contrary to the zoning code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." Granting the average lakeshore setback
variance to construct the additions will alleviate a difficulty created in the orientation of the
Property and surrounding properties.
CONCLUSIONS. ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a second
story over a portion of the home; roof modifications over a portion of the home to accommodate
the second story addition; and construction of an open covered porch between 38-feet and 91-
feet lakeward of the average lakeshore setback line where no structures are permitted; subject to
the following conditions:
1. Council approval is based on the survey dated 11/17/15 and building plans submitted by
the Applicants and annotated by City staff, attached to this Resolution as Exhibits A& B.
Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
2. Authorities granted by this resolution run with the Property not with the Owner, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date(January 11, 2017).
3. Violation of or non-compliance with any of the terms and conditions of this resolution shall
constitute a violation of the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4. The undersigned Applicant has read, understand and hereby agree to the terms of this
resolution and on behalf of the Owner and the Owner's heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the Property.
ADOPTED by the Orono City Council on this 11th day of January, 2016.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
Iq �� NO. tS57 �,
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ATTEST: CITY OF ORONO:
e T iegs, City Cie Li i Tod McMillan, Mayor
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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Esxo� NO. �� 576
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Property Owner Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this day of 2016, by
0 �� c4M`• >1;mstee on behalf of the Michele Williams-Abbott Trust.
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RACHEL DODGE Notary Public
��. NOTARY PUBLIC-MINNESOTA
,,,. biy Commission Expires Jan.3t,2020
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COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of Orono,
Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the
Orono City Council on January 11, 2016, with the original thereof on file in my;pf. e, and the
same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and t1Y� gt �1'�f'` y this
10th day of June 2016. ,q
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